Pennsylvania law requires that you file an accident report within two days after an automobile accident. Your insurance company or law enforcement officials can provide you with the standard form.
Recoverable damages associated with car crashes vary from state to state. Pennsylvania car accident victims and survivors may sue for damages from the operator(s) of the other motor vehicle(s) involved when one of the following criteria is met:
- The victim has died.
- The victim suffers a permanent and serious disfigurement.
- A bone is fractured.
- One of the ‘senses’ such as sight, taste, hearing or smell is lost.
- A limb has been lost.
- Medical expenses equal or exceed $2,000.
It’s helpful to know which insurance coverage is mandatory and which is optional.
Liability coverage is mandatory. This coverage comes into play when a car accident that is your fault causes personal injury or property damage to someone else. Your liability insurance will pay the damages of the injured person up to the policy limits.
A Personal Injury Protection (PIP) policy is also required by law. These policies are known as first-party benefits. In the event you are in an automobile accident, this coverage pays your medical bills up to the policy limits. Every person with auto insurance in PA must carry at least $5,000 in medical bill coverage.
Collision coverage is optional, paying for repairs or replacement to your car if you’re in a covered accident that involves other vehicles or stationary objects. Comprehensive coverage, also optional, pays for damage to your vehicle caused by something other than a motor vehicle accident, such as natural disasters, theft or vandalism.
Wage loss coverage is optional, meaning you do not have to select this coverage although it may be advisable to do so. By statute these benefits cover up to 80% of your gross income. Some people believe that since another motorist was at fault in the auto accident, the at-fault party is automatically going to begin paying your lost wages. Your lost earnings may be a part of the claim you have against the other driver, but that driver’s insurance company may not pay those damages until a full settlement is negotiated. Thus, without this coverage you may be without a steady income if your injuries prevent you from working.
Other optional policy benefits include uninsured motorist coverage and underinsured motorist coverage. These options are a good idea for any motorist purchasing auto insurance. Uninsured motorist coverage protects you in the event that you are hit and injured by a driver who is uninsured. Unfortunately, there are many motorists driving without insurance, and if you are hit by one of them there is a good chance that he or she will not have sufficient assets to cover your damages. If you have uninsured motorist coverage, you will be able to submit a claim with your own insurance company.
Underinsurance is also a very important coverage that you should consider buying when purchasing auto insurance. Underinsurance benefits can help protect you financially if you are injured by another driver and your damages exceed his or her policy amounts. Suppose you are badly injured in a car accident and wind up with medical bills in excess of $100,000. The at-fault driver has only $15,000 worth of insurance and no assets. If you purchased underinsured motorist coverage, you could go to your insurance company and submit a claim for damages according to the terms of your policy. If you don't select this coverage, you are stuck with the $15,000 coverage that the other driver had.
As you can see, the insurance laws in the state of Pennsylvania are complex. If you need knowledgeable legal help regarding your car accident, please contact the PA automobile accident lawyers of Munley, Munley & Cartwright, P.C. by calling 1-800-318-LAW1, or contact us online. For more information about our lawyers and law firm, we invite you to visit www.munley.com.
